440 Abstract of Recent Statutes.-List of Local and Personal Acts, made public. 3. The annual statement of the debts, re-produce all books of account, plans, maps, venues, and expenditure of every turnpike papers, documents, and writings in their postrust so as aforesaid required by the said re- session respectively, and shall permit any percited act of the third year of the reign of his son appointed by such Secretary of State for said late Majesty, and also by this act, to be the time being to inspect, examine, and take made out by the clerk and surveyor to the copies or extracts from the same or any or trustees or commissioners holding such ge- either of them; and if any such surveyor, neral annual meeting, and submitted to the treasurer, clerk, or other officer shall refuse or trustees or commissioners then assembled, neglect to attend any such summons, or refuse shall, for the year 1834, be made out from the or neglect to give a full and satisfactory andate of the last annual statement of the year swer to any question which he shall be by 1833, until the 31st of December, 1833, ac- such Secretary of State for the time being cording to the form contained in schedule (A.) required to answer, or shall refuse or neglect annexed to this act; and that in all future to produce any book of account, plan, map, years such annual statements shall be made paper, document, or writing in his possession out of the debts, revenues, and expenditures relating to the road as to which he shall be received or incurred on account of the trust employed, every person so offending shall for for which the meeting shall be held between every such offence forfeit any sum not exthe 1st of January and 31st of December, of ceeding 201. nor less than 57., at the discretion the year preceding the year in which such of any Justice or Justices of the Peace before whom complaint of such offence shall be made. meeting shall be so held. 7. So soon as the trustees of any turnpike road shall have entered into a resolution to apply to Parliament for the continuation of the term and powers of the act under which such turnpike road is regulated, or for the alteration or enlargement of any of those powers, or for an increase of the tolls to be levied on such turnpike road, the clerk of the said trustees is hereby required immediately to transmit a copy of such resolution to one of his Majesty's principal Secretaries of State for the time being, together with a copy of any special clauses which the trustees may wish to be inserted in any new act respecting such turnpike road, and also a statement of the increased tolls intended to be levied thereon. 4. The several clerks to the said trustees or commissioners shall cause to be prepared and laid before such general annual meetings of the trustees and commissioners respectively, estimates, made out in the form contained in the schedule (B.) to this act annexed, of the probable expenditure of their respective trusts for the current year, from the 1st of January preceding such meeting to the 31st of December following; and if any such clerk shall refuse or neglect to prepare and lay before such general annual meeting such estimate as aforesaid, every such clerk so offending shall for every such offence forfeit any sum not exceeding 10., nor less than 57., at the discretion of any Justice or Justices of the Peace before whom complaint of such offence shall be made. 5. Such Secretary of State for the time being shall yearly cause such annual state ments so transmitted to him to be revised and abstracted, and shall cause such abstracts to be laid before both houses of Parliament, together with any observations he may think proper with respect to the state, condition, and repair of the roads or any of them, or with respect to the debts, revenues, expenditure, and management of any of such turnpike trusts. 6. To enable such Secretary of State for the time being to elucidate such annual statements, and to make such abstract, and prepare such report and observations for both houses of Parliament, it shall be lawful for such Secretary of State for the time being to inquire into the state of the several turnpike trusts whose annual statements shall be so as aforesaid transmitted, and ascertain the amount of the annual income and expenditure of such several trusts, and also to inquire into the method in which the roads under the charge of such trusts are maintained and repaired; and for the purposes aforesaid it shall be lawful for such Secretary of State for the time being to summon before him any surveyors, treasurers, clerks, or other officers employed by the trustees or commissioners in respect of the said roads; and the said surveyors, treasurers, clerks, and other officers shall, if required, 8. The penalties hereby imposed shall be recovered and applied in the same manner as penalties imposed by the said recited act of the third year of his late Majesty, and the several clauses and provisions therein contained respecting the recovery and application of penalties shall be in force for that purpose as if the same were herein specially re-enacted and contained. 9. This act may be altered, amended, or repealed by any act or acts to be passed in this present session of Parliament. LIST OF LOCAL AND PERSONAL [Concluded from p. 431.] Cap. LXXI, An act for making and maintaining List of Local and Personal Acts, made Public. 441 powers to the trustees of the New North Road, leading from the south end of Highbury Place, Islington, to Haberdashers Walk in the parish of Saint Leonard Shoreditch, in the county of Middlesex. several acts passed for the drainage and im- | Cap. LXXXV, An act for continuing certain provement of the lands lying in the North Level, part of the great level of the fens called Bedford Level, and in Great Portsand and in the manor of Crowland; and for providing additional funds for such drainage and improvement by the Nene Outfall Cut to sea. Cap. LXXIII, An act for repairing the road from the town of Great Farringdon in the county of Berks to Burford in the county of Oxford. Cap. LXXIV, An act for more effectually repairing and otherwise improving the road from Warrington to Wigan in the county palatine of Lancaster. Cap. LXXV, An act for repairing and improving the roads through Huntley from Gloucester towards Ross in the county of Hereford, and to and from Mitcheldean, and through Westbury-upon-Severn to Newnham and Littledean, in the county of Gloucester. Cap. LXXVI, An act for maintaining and improving the turnpike road from the guide post below Haddon, out of the Bakewell turnpike road, into the Bentley and Ashbourne turnpike road, in the county of Derby. Cap. LXXVII, An act for repairing and widening the road from Whitchurch in the county of Southampton to the extremity of the parish of Aldermaston in the county of Berks. Cap. LXXVIII, An act for better repairing the roads from Warminster and from Frome to the Bath road, and from Woolverton to the Trowbridge road, in the counties of Wilts and Somerset, and for making certain new lines of road branching out of such roads to and towards Bath. Cap. LXXIX, An act to make and maintain a turnpike road from the Gateshead and Hexham turnpike road, at or near to Axwell Park Gate, on the river Derwent, in the township of Winlaton in the parish of Ryton in the county of Durham, to the village of Shotley Bridge in the said county of Dur ham. Cap. LXXX, An act for more effectually repair- Cap. LXXXIII, An act for repairing, maintain- Cap. LXXXIV, An act for more effectually repairing and improving the road from Rochdale to Edenfield in the parish of Bury, all in the county palatine of Lancaster. Cap. LXXXVI, An act for repairing the road from Aylesbury in the county of Buckingham to Thame in the county of Oxford, and the roads leading from the town of Thame to Shillingford, Postcomb, and Bicester, in the said county of Oxford. Cap. LXXXVII, An act for more effectually repairing the road from Rugby Bridge in the county of Warwick to the town of Hinckley, in the county of Leicester. Cap. LXXXVIII, An act for more effectually repairing the roads from Brimington and Chesterfield in the county of Derby to the High Moors in the parish of Brampton, in the said county. Cap. LXXXIX, An act for amending an act of Cap. xc, An act to an end so much of two acts Cap. xcu, An act for more effectually repair- Cap. XCIII, An act for maintaining the roads from the town of Kingston-upon-Hull to the town of Beverley in the East Riding of the county of York, and from Newland Bridge to the west end of the town of Cottingham in the same riding. Cap. XCIV, An act for improving the communication between the towns of Chepstow and Abergavenny, in the county of Monmouth. Cap. xcv, An act to enable the Clarence Railway Company to make an extension of the line of their railway. Cap. xcvi, An act for draining and preserving certain fen lands and low grounds in the parish of Wiggenhall Saint Mary Magdalen in the county of Norfolk, and other purposes. Cap. xcvii, An act for more effectually repairing and improving the road from Butterton Moor End to the turnpike road leading from Buxton to Ashborne, and other roads therein mentioned, in the counties of Stafford and 442 List of Local and Personal Acts, made public. Derby, and for making several diversions or new lines of road to communicate therewith. Cap. xcv, An act for more effectually repairing the road from Bury Saint Edmunds to Newmarket, in the counties of Suffolk and Cambridge. Cap. xcix, An act for improving the Shrewsbury district and the Wellington district of the Watling Street Road, in the county of Salop. Cap. c, An act for continuing certain powers to the trustees of the road from Kentish Town to Upper Holloway, in the county of Middlesex. Cap. ci, An act for amending an act passed in the ninth year of the reign of his late Majesty King George the Fourth, intituled "An Act for rebuilding, or for improving, regulating, and maintaining, the Town Quay of Gravesend, in the county of Kent, and the Landing Place belonging thereto; and for building a Pier or Jetty adjoining thereto." Cap. c, An act for erecting a bridge over the river Dungled dan within the town and county of Haverfordwest, and the liberties thereof. Cap. CII, An act for supplying with water the town and county of Haverfordwest and the liberties thereof. Cap. civ, An act for better supplying with water the town and borough of Lewes, and the neighbourhood thereof, in the county of Sussex. Cap. cv, An act for paving, cleansing, lighting, watching, repairing, and improving a certain portion of the parish of Herne in the county of Kent. Cap. cvi, An act to explain and amend an act passed in the first and second year of the reign of his present Majesty, intituled “ An act to alter and amend an act passed in the seventh and eighth year of the reign of his late Majesty, intituled 'An act for carrying into effect certain improvments within the city of Edinburgh and adjacent to the same.'" Cap. cvII, An act for amending several acts of the sixteenth, twenty-third, twenty-ninth, and fifty-fourth years of his late Majesty King George the Third, for the better relief and employment of the poor within the hundred of Forehoe in the county of Norfolk. Cap. CVIII, An act for erecting and maintaining a gaol, court houses, and public offices for the burgh of Lanark and the upper ward of the county of Lanark; and also for erecting and maintaining a gaol, court houses, and public offices for the burgh of Hamilton and middle ward of the said county. Cap. cix, An act for repairing, amending, and maintaining the turnpike roads in the county of Haddington, for rendering turnpike certain statute labour and parish roads, and for more effectually collecting and applying the statute labour in the said county. Cap. cx, An act for confirming and carrying into effect agreements between the Bishop of Ely and the Society of Judges and Serjeants at Law, for vesting in the said society the fee simple of Serjeants Inn, Chancery Lane, and between the parish of St. Dunstan in the West and the said Society; and for other purposes. Cap. cxi, An act to alter and amend three several acts made in the seventh and fortysecond years of the reign of King George the Third, and the sixth year of the reign of his late Majesty King George the Fourth, for draining lands within the level of Ancholme in the county of Lincoln, and making certain parts of the river Ancholme navigable. Cap. cx11, An act for more effectually repairing several roads in the counties of Carlow, Kilkenny, and Tipperary, and also the road from the town of Clonmel, through the county of Waterford, to the cross roads of Knocklofty in the said county of Tipperary. Cap. cx111, An act for better preserving the harbour of Maryport, and for lighting and otherwise improving the township of Maryport in the county of Cumberland. Cap. cxiv, An act for making two branch railways from the Monkland and Kirkintilloch Railway; and for altering, amending, and enlarging the powers of an act of the fifth year of his late Majesty for making the said railway. Cap. cxv, An act to amend an act passed in the ninth year of the reign of his late Majesty, for regulating and enabling the City of Dublin Steam Packet Company to sue and be sued. Cap. cXVIII, An act for raising a sum of money for the repair of Blackfriars Bridge. Cap. cxix, An act for the more easy and speedy recovery of small debts within the township of Hyde, and other places therein mentioned, in the County Palatine of Chester. Cap. cxx, An act to rectify a mistake in an act of this session of parliament for more effectually repairing the road from the Canal Bridge in Hurdsfield in the county of Chester to the turnpike road at Randle Carr Lane Head in Fernilee in the county of Derby, leading to Chapel-in-the-Frith in the same county. Cap. CXXI, An act to amend the acts relating to the Thames Tunnel Company, and to extend the powers thereby given for raising money for the completion of the said tunnel. Cap. cxx11, An act to appoint trustees for the creditors of the city of Edinburgh. Superior Courts: Chancery.-K. B. Practice Court. SUPERIOR COURTS. Court of Chancery. BANKRUPTCY.- LIABILITY OF JOINT ESTATE. A partner of a firm commits an act of bankruptcy. Another of the partners accepts a bill for a creditor of the firm, without having notice of the act of bankruptcy. Held, that the joint estate is bound by the acceptance (against the decision of the Court of Review in Bankruptcy). This was an appeal from the Judges of the Court of Review in Bankruptcy, in the form of a case, according to the provisions of the act 1 & 2 W. 4, c. 56. § 3. The facts stated by the case were, that after an act of bankruptcy was committed by one partner of a firm, another partner, who was solvent, accepted a bill of exchange in the name of the firm, and in favor of a creditor thereof, without any notice of the act of bankruptcy. The question was, whether the joint estate was bound by this acceptance. The Court of Review decided that it was not, on the grounds that the assignment, or vesting of the estate, under the commission which was subsequently issued, had relation back to the act of bankruptcy; and that as that act had the effect of dissolving the part nership, the joint assets could not be bound by any thing done afterwards in the name of the whole firm. The Lord Chancellor, upon hearing the case fully argued, and after taking time to consider the question, came to a different conclusion. His lordship agreed with the Court below as to the effect of the assignment under the commission; but he drew a distinction between the transfer of the joint property and the entering into a contract which bound it. His opinion was that the latter position could be maintained; and not relying solely upon his own judgment in this point, which was one of great nicety, he consulted some of the Common Law Judges upon it, and they agreed with himself. He therefore allowed the appeal, reversing the decision of the Court below, but without costs, on account of the extreme novelty and nicety of the question. Ex parte Gibson, in re Houghton. in Lincoln's Inn, Aug. 15, 1833. King's Bench Practice Court. Sittings EJECTMENT.-SERVICE OF DECLARATION. Service of declaration in ejectment. Curwood moved for judgment against the casual ejector. The service was on a servant on the premises. The tenant in possession afterwards acknowledged the receipt of the declaration, but did not state the time at which he received it. Taunton, J.-That won't do. It must appear from the acknowledgment of the tenant in possession that he received the declaration before the term. Rule refused.-Doe v. Roe, T. T. 1833, K. B. P. C. 443 EJECTMENT.-SERVICE OF DECLARATION. Service in ejectment. Dickons moved for judgment against the casual ejector. His affidavit stated a service before the first day of term, on the daughter of the tenant in possession, and he afterwards acknowledged receiving the declaration on that day. The mark of the tenant in possession to that acknowledgment was verified, but no aftidavit was made by the daughter. Taunton, J. That will not do. Rule refused. Doe v. Roe, T. T. 1833, K. B. P. C. ATTORNEY AND CLIENT.- ATTACHMENT.- In order to compel an attorney to give an account of what he has done for his client, it is not necessary that it should appear there is any cause in Court. Mansel shewed cause against a rule nisi, for an attachment against the defendant, for not obeying a rule of Court, requiring the delivery of certain papers and a bill of costs. He objected to the application altogether, on the ground that it did not appear from the entitling of the affidavits in support of the rule, that the Court had jurisdiction over the subject matter. They were entitled "in the King's Bench, in re Moseley and another." They ought however to be entitled in some cause, in order to shew that the Court had jurisdiction; but so entitling them as they were here, did not shew that the Court had any power to interfere. Unless there were taxable items in the attorney's bill, the Court would not interfere. In the case of Dagley y. Kentish,a the Court, after mature deliberation, declined interfering to tax an attorney's bill, when it contained no taxable item. The only mode in which it could appear that the items in the bill were taxable, was by the affidavits being entitled in some cause. That not being done here, the Court could have no power to interfere. Channell, in support of the rule, contended that this objection was premature. The question was not here, whether an attorney's bill should be taxed or not, but whether an attorney should deliver up certain papers and his bill of costs. The question could not yet arise, whether the bill was taxable or not. It must be delivered before it could be ascertained whether the bill was liable to taxation. The fact was, that Mr. Jay had been employed to collect certain debts, which it appeared he had received; certain papers had also come into his hands. The order was therefore obtained to compel him to deliver up those papers, and also to deliver his bill of costs, and a general statement of what he had done in the matters entrusted to him. This order he had not thought proper to obey, and therefore, the rule nisi for an attachment had been moved for. The case was just this: an attorney had been employed a Ante, vol. 1, p. 330. 444 Superior Courts: K. B. Practice Court.-Exchequer. to do certain business; the Court ordered him to give an account of what he had done; and not obeying that order was a contempt for which he was liable to an attachment. DISTRINGAS.-ATTEMPTS TO SERVE. What are insufficient attempts to serve a summons, in order to obtain a distringas. Taunton, J.-In order to shew that these On a motion for a distringas it appeared that affidavits ought to be entitled in some cause, it six attempts had been made in the course of a should be made appear, that the defendant period of six weeks, by calling at the defendwas employed in some particular suit, and that ant's house. The persons there sometimes inthe charges which the attorney makes, or is ex-formed the person attempting to serve the pected to make, are charges in that suit. But summons that the defendant was out of town, here the application is only made against him and at other times that he was very seldom in his general character of an attorney. It is there; at other times that he would return in not necessary that you should shew in what a fortnight. A copy of the summons was left causes costs have been incurred, until you at the house, and an explanation given to the shew that there were causes in which costs could persons there resident of the nature of the be incurred. It appears here that no applica- proceeding, and notice also given that a distion was made in any cause; if it had been in tringas would be moved for. any cause, then the affidavits should have been so entitled. The present rule must therefore be made absolute for the attachment, but it may lie in the office for two months. Rule absolute for the attachment; the attachment to lie in the office for two months.Rex v. Juy, T. T. 1833, K. B. P. C. Exchequer of Pleas. AFFIDAVIT OF DEBT.-BILL OF EXCHANGE. It is necessary in an affidavit of debt, or a bill of exchange, to state the amount of the bill. Kelly shewed cause against a rule for cancelling the bail bond, on the ground of a defect in the affidavit to hold to bail. The affidavit was on a bill of exchange, but did not state the amount of the bill, although it stated that the defendant was indebted in the sum of 517.9s. upon and by virtue of a certain bill of exchange. The objection taken to the affidavit was that it did not state the amount of the bill itself, and for aught that appeared the sum for which the defendant was holden to bail might consist of both the principal and interest. This he contended was not the case, and that it was not necessary to state the amount of the bill itself, as it must be taken that the sum mentioned in the affidavit was the amount of the bill itself. Erle, contra, contended that it must appear on the face of the affidavit what was the amount It was cided that it was not necessary to state the amount of the bill in such a case. But on reconsideration the Court, he contended, would be disposed to require the statement of the amount. The Court took time to consider, and were ultimately of opinion that it was necessary that the sum for which the bill of exchange was drawn should be specified in the affidavit. Rule absolute-Brooks v. Colman, T. T. 1833. Excheq. The Court was of opinion that these were not sufficient attempts to entitle the plaintiff to his distringas, as it appeared throughout the whole time that the defendant was in the country. Rule refused.-Waddington v. Palmer, T. T. 1833. Excheq. BAIL.-NOTICE.-ATTACHMENT.-SHERIFF'S What are insufficient defects in a notice of bail, On shewing cause against a rule for setting aside an attachment against the sheriff for irregularity. The defendant having been arrested, gave a bail bond to the sheriff of Middlesex. Notice of bail was afterwards given, and in it the names of the bail were stated and the streets in which they lived, but their residence for six months previous was not given, nor were they described as housekeepers or freeholders. This notice was treated by the plaintiff as a nullity, and the sheriff was ruled to bring in the body, and afterwards an attachment was obtained against him. It was contended that the attachment was regular, as a regular notice of bail according to the form directed by the rules of T. T. 1 W. 4, had not been given. The plaintiff therefore was entitled to treat the notice as a nullity. Being a nullity the case was as if no notice had been given, and consequently the sheriff was liable to an attachment. Bayley, B. was of opinion, that although a defect existed in the notice of bail, it was not such a one as entitled the plaintiff to treat it as a nullity. Rule absolute, without costs.-Rex v. Sheriff of Middlesex, in Duncombe v. Crisp, T. T. 1833. Excheq. INTERPLEADER ACT.-SHERIFF. -JUDGE AT Cause cannot be shewn at chambers against a Motion on the part of the sheriff for relief under the Interpleader Act, the 1 & 2 W. 4. c. 58. § 6. The motion having been made near the |